How to Get a Protection Order in British Columbia
A step-by-step guide to BC Protection Orders under the Family Law Act.
Family Law Act Protection Orders in British Columbia
What is a Family Law Act Protection Order?
A Family Law Act (FLA) protection order is a civil (non-criminal) court order made by a judge in British Columbia. It is meant to help reduce the risk of family violence and set safety boundaries. It is different from a criminal “no-contact” or bail order from a criminal court.
Protection orders under the Family Law Act can set out rules about contact, communication, and being near certain places. They focus on safety for you and, if needed, for children or other family members.
This information is general and does not replace legal advice. Experiences in court can vary and depend on your situation and the judge’s decision.
What does “family violence” mean in BC?
In British Columbia’s Family Law Act, “family violence” has a broad meaning. It is not limited to physical injury. A judge looks at patterns, risks, and how behaviour affects safety and well-being.
Examples of behaviour that may be considered family violence include:
- Physical harm or attempts to cause physical harm
- Sexual abuse or forced sexual activity
- Threats to hurt you, children, pets, or others
- Stalking, following, or repeatedly watching you (including online)
- Harassment, intimidation, or degrading and controlling behaviour
- Psychological or emotional abuse that creates fear or distress
- Financial control that seriously limits your basic needs or independence
- Exposing children to any of the above (seeing, hearing, or being aware of it)
The court looks at how serious the behaviour is, whether it is ongoing, whether there are threats, weapons, or breaches of past orders, and how it affects children’s safety and emotional health.
What can a Family Law Act protection order include?
A protection order can be tailored to your situation. It may include conditions such as:
- No contact by any means (in person, phone, text, email, social media, messages through others)
- No attending at your home, work, school, or other places you regularly go
- Staying a certain distance away from you or other protected people
- Conditions around contact with children (for example, only supervised contact, or contact through a third party)
- Restrictions on possessing weapons, where appropriate
The exact terms are decided by the judge, based on information about risk and safety. You can explain what kinds of contact feel unsafe for you and any children.
How to apply for a Family Law Act protection order
You do not need criminal charges to apply for an FLA protection order. It is a separate process in the BC family court system.
1. Where applications are made
Most people apply in Provincial Court, but some cases go to the Supreme Court of BC. The court location can depend on where you live, where the other person lives, or where the issues have been going on.
2. Basic steps in the application
The process generally includes:
- Filling out the court forms for an FLA protection order (asking the court for an order and describing the family violence and current safety concerns)
- Filing the forms at the court registry
- Asking for urgent or “without notice” (ex parte) consideration if there is immediate safety risk
- Serving the filed documents on the other person (unless a judge delays service for safety reasons)
- Attending a court appearance, in person or sometimes by phone or video, where the judge hears from you, and, usually, from the other person
Court forms and procedures can change. Court staff at the registry can explain filing processes but cannot give legal advice or tell you what to say.
3. What to include in your request
When you apply, you usually need to explain:
- Your relationship to the other person (for example, partner, former partner, family member)
- Any children involved and who they live with
- Specific behaviours that feel unsafe (what happened, when, and any patterns)
- Recent incidents or threats, especially if risk has increased
- Any past court orders, police involvement, or child protection concerns
- What protections you are asking for (for example, no contact, stay away from home and workplace, conditions around children)
4. Urgent and “without notice” applications
If there is immediate risk, you can ask the court to hear your application without notifying the other person first (called a “without notice” or “ex parte” application). The judge decides whether it is appropriate based on the information you provide about current danger and urgency.
If an order is made without notice, the court usually sets a follow-up date where the other person can attend and respond.
What to expect in court
Experiences in court vary, but you may notice some common steps:
- You may wait for your matter to be called, along with other cases.
- When your case is called, you speak to the judge from the front of the courtroom or from a video/phone connection.
- The judge may ask questions to understand risk, past incidents, and current concerns.
- The other person may also be allowed to speak or may have a lawyer speak for them.
- Sometimes, the matter is adjourned (postponed) to another date for more information or for legal representation.
- The judge may make a short-term interim order or decide on a longer order, depending on the information and timing.
If being in the same room as the other person feels unsafe, you can tell court staff or the judge. In some situations, arrangements such as separate waiting areas or appearing by phone or video may be possible.
Service of the protection order
Once a protection order is made, the other person usually needs to be officially “served” (given) a copy of the order so they are aware of the conditions.
In many BC communities, police assist with serving protection orders. In other situations, a process server or another adult who is not part of the case may serve the documents, following court rules.
- The person serving usually completes a form or affidavit to confirm service.
- The court may require proof of service before certain next steps can happen.
For safety, it is generally not recommended that you personally hand court documents to the other person. Ask court staff about local service options.
Enforcement of a Family Law Act protection order
In BC, FLA protection orders are enforceable by police. Breaching (disobeying) a protection order can be a criminal offence, even though the order itself is a civil (family) order.
If the other person ignores the order, possible responses include:
- Calling police and explaining there is a protection order and it has been breached
- Showing or describing the order so police can confirm its terms
- Police may investigate, and criminal charges may be considered
- Returning to family court to tell the judge about the breach and ask about next steps
Try to keep a copy (paper or digital) of the protection order accessible. Some people keep copies at their workplace, children’s school, or with a trusted person, if safe to do so.
Duration of a protection order (plain language)
FLA protection orders in BC are usually time-limited. The exact length is written in the order. Many orders last for up to one year, but the length can be shorter or longer depending on the judge’s decision and the level of risk.
Key points about duration:
- The order is in effect from the time the judge makes it, but enforcement is simplest once it is on record and served.
- Some orders have a clear end date (for example, 6 months, 1 year, 2 years).
- The court can extend (renew) a protection order if there is still risk when it is close to expiring. This usually requires another application before the end date.
- If risk decreases, the court can change or cancel (set aside) an order, but only a judge can do this. The other person cannot “void” the order by agreement.
Even if you and the other person agree to contact, the protection order remains in place until a judge changes or ends it. Contact that goes against the order can still be treated as a breach.
Getting additional support
Community legal clinics, victim services programs, and family support organizations in BC may help explain forms, safety planning, and court processes. They may also help you prepare for speaking in court or connecting with legal help if available in your area.
Additional support options across Canada, including information on local services, can be found through resources listed at DV.Support.